Court fees on counter claim
Monish Nilwant
(Querist) 11 December 2015
This query is : Resolved
a person has filed suit for infringment of patent against my client in district court. He has valued his patent at Rs 6 crore and has paid highest court fees of Rs 3 lacs in district court. I am the defendant in this case. i have to file counter claim to challenge validity of his patent. In the counter claim my prayer will be to declare his patent invalid and a consequential prayer to direct Registrar of Patents to remove it from the Register. my question is what will be the court fees payable under Maharashtra court fees act for my counter claim. Will i have to pay same court fees as paid by Plaintiff (rs 3 lacs) or i say that i am seeking only declaration and pay Rs 200 as court fees.
Kappil Cchandna
(Expert) 11 December 2015
Sir,
I think declaration one to be paid.
Warm Regards
Kapil Chandna Advocate
9899011450
Rajendra K Goyal
(Expert) 11 December 2015
Discuss with some senior lawyer locally.
T. Kalaiselvan, Advocate
(Expert) 19 December 2015
The court fee differs from one state to another. You may enquire locally the actual court fee to be affixed for counter claim on such issues.
In general if a relief is to be sought on the same lines, the fee shall be half the original court fee paid by the plaintiff as court fee for counterclaim, you may enquire locally for proper answer.
